The Wise County Board of Supervisors met in a Regular meeting
on Thursday, February 9, 2006 at 6:00 p.m. in the Board
of Supervisors meeting room located in the Wise County courthouse.
The following were present:

Honorable
Fred A. Luntsford - Chairman

Honorable
Ronnie Shortt - Vice-Chairman

Honorable
Steve Bates

Honorable
Virginia Meador

Honorable
John W. Peace, II

Honorable
Leland Branham

Honorable
Robert Robbins - members of said Board and

Glen
A. Skinner - County Administrator

Shannon
C. Scott - Assistant County Administrator

Karen
T. Mullins - County Attorney

Annette
Underwood - Executive Secretary

ABSENT

Honorable
Robert R. Adkins

PRAYER

James
Hokeman, Pastor of the Durham's Chapel Church, led the Board
in prayer.

PLEDGE

All
led in the pledge of allegiance to the flag.

MINUTES

A
motion was made by Ronnie Shortt, seconded by seconded by
Steve Bates, to approve the minutes of 1-05-06 Organization
meeting, 1-05-06 Workshop meeting, and 1-12-06 Regular meeting
as presented.

Virginia
Meador stated that the minutes of the 1-05-06 Organizational
meeting omitted the verbage "the current version" on the
motion that was made regarding the adoption of the Roberts
Rules of Order.

Mr.
Shortt amended his motion to include the verbage "the current
version" of the Roberts Rules of Order that was a
part of the minutes of the 1-05-06 Organizational Meeting.
Steve Bates seconded the motion. The motion was unanimously
approved.

IN RE: AGENDA

The
following items were reviewed as possible additions to the
agenda:

ADD
TO CONSENT AGENDA:

Budget amendments (NO. 67 thru NO. 71)

Set
public hearing (6:00 p.m. March 2) on a request from Ella
Jane Mullins to rezone property near Wise County Christian
School

Set
public hearing (6:00 p.m. March 2) on a request from Emily
Edmondson for rezoning of property on Coeburn Mountain

Set
public hearing (6:00 p.m. March 2) on the proposed Wise
County Five (5) Year CIP for FY 2007-2011

ADD
TO NEW BUSINESS:

Virginia Commission for the Arts request for funding

Closed
session -2.2-3711(A)(6) &(7)

A
motion was made by Leland Branham, seconded by John Peace,
to approve the agenda as presented to include the additions
as stated above. The motion was unanimously approved.

IN RE: PUBLIC EXPRESSION

Cathy
Dotson, representing the Appalachian Children's Theatre,
asked that the Appalachian Children's Theatre be a participant
in grant funding from the Virginia Commission for the Arts.

Ms.
Dotson gave a brief overview of the goals for the ACT.

Bill
Green, a resident living near the coal operations in the
Stephens area, addressed the Board concerning the coal dust
and the environmental problems that exist in Stephens.
He asked that these problems be addressed in some way, through
someone, since the health of the residents living in that
area is at stake. Mr. Green also voiced his support
for a regional sewer system that would improve the quality
of life for many citizens of Wise County and would promote
economic growth.

Cathy
Selvage, a resident of the Stephens area, reiterated Mr.
Green's concerns regarding the coal dust. She also
commented on the blasting that takes place in the Stephens
area with no advance warning being given to the residents,
which is causing damage to their homes not to mention the
safety of the residents.

Charlene
Green, a resident of the Stephen's area, stated that a deep
mine is being opened up within 700 feet of her home and
is anticipated to be in operation for approximately ten
years. The constant flow of coal trucks, the coal
dust and other environmental issues brought on by the coal
operations should not be allowed in a residential setting.
Mrs. Green asked that some type of legislation be introduced
to stop such operations as this. She spoke briefly
on the junkyard that has been created near her home by Guyan
Machinery.

Administrator
Skinner advised that the junkyard is being looked into for
some possible solution for removal.

James
Hokeman, Pastor of the Durham's Chapel Church, thanked the
Board for allowing Durham's Chapel to purchase the property
adjacent to the church, which will allow the construction
of a new church.

There
being no further public comments, the public expression
period was closed.

IN
RE: ROADS AND HIGHWAYS

Jackie
Christian, representing VDOT, briefed the Board on construction
throughout the County.

Board
members provided needs in their districts for VDOT review.

IN RE: RESOLUTION - WATCH FOR CHILDREN SIGNS

A
motion was made by Fred Luntsford, seconded by Ronnie Shortt,
to approve the resolution requesting the Transportation
Commissioner and the Virginia Department of Transportation
Resident Engineer to install and maintain signs alerting
motorists that children may be at play on Boggs Avenue.
The motion was unanimously approved.

RESOLUTION
#
2006

(Said
resolution is on file in the County Administrator's Office)

IN RE: ABANDON A SECTION OF RT. 686

It
was noted that VDOT received a request from Penn Virginia
Resource Partners, L. P. for the abandonment of a section
of Route 686 near Derby. This section of road is on
Penn Virginia property and only serves one other property,
one of their lessees.

VDOT
does not have any objections to the proposed abandonment
as long as the other property owner agrees and the coal
company constructs a turnaround to facilitate the turning
of vehicles such as VDOT's maintenance trucks, etc.
This abandonment will involve approximately 800 feet of
roadway.

A
motion was made by Ronnie Shortt, seconded by John Peace,
to authorize the County Administrator to submit a formal
notice to Acting Commissioner Gregory A. Whirley of the
County's intent to abandon this section of road, and to
further post a notice of intent or "willingness" for said
abandonment. The motion was unanimously approved.

IN RE: CONSENT AGENDA

A
motion was made by John Peace, seconded by Robby Robbins,
to approve the consent agenda as follows:

IN RE: SET PUBLIC HEARINGS

(1) Set
public hearing (6:00 p.m. March 2) on a request from Garnard
C. Kincer for a Special Use Permit for the purpose of erecting
a radio tower and transmitter on Buck Knob.

(2) Set
public hearing (6:00 p.m. March 2) on a request from Wise
County IDA for rezoning of property in Virginia City from
an A-RR District to a M-2 Heavy Industrial District.

(3) Set
public hearing (6:00 p.m. March 2) on the proposed naming
of bridge honoring Oscar F. Poole

(4) Set
public hearing (6:00 p.m. March 2) on a request from Ella
Jane Mullins to rezone approximately 17 acres adjacent to
the Wise County Christian School for the purpose of selling
for commercial use

(5) Set
public hearing (6:00 p.m. March 2) on a request from Emily
Edmondson for conditional Zoning on property located at
9506 Coeburn Mtn. Road

(6) Set
public hearing (6:00 p.m. March 2) on the proposed Five
(5) Year Capital Improvement Plan (CIP) for FY 2007-2011

A
motion was made by John Peace, seconded by Robby Robbins,
to accept the deed conveying the surplus school property
in the Crackers Neck section of Wise County to the Wise
County Board of Supervisors. The motion was unanimously
approved.

IN RE: DISPOSITION OF SURPLUS PROPERTY - CRACKERS NECK

A
public hearing was held on February 2 to receive citizens'
input regarding the sale and disposition of County property
located in the Crackers Neck section of Wise County adjacent
to the property currently owned by Durham's Chapel Church.

There
was no opposition to the proposed sale and disposition of
the County property.

A
motion was made by John Peace, seconded by Virginia Meador,
to approve the sell of the County property adjacent to the
Durham's Chapel Church for an agreed upon price. The
motion was unanimously approved.

IN
RE: E-911 ROAD NAMES

A
public hearing was held on February 2 to receive citizens'
input regarding fourteen (14) proposed E-911 road names
additions.

There
was no opposition to the proposed names.

A
motion was made by Steve Bates, seconded by Leland Branham,
to approve the fourteen E-911 road name additions as presented.
The motion was unanimously approved.

(Said
names on file in the County Administrator's Office)

IN
RE: REZONING - JAMES SMITH

A
public hearing was held on February 2 to receive input from
citizens regarding a request from James Smith for rezoning
of property on Morrison Road located in Esserville.

There
was no public opposition to the proposed rezoning.

A
motion was made by Ronnie Shortt, seconded by Steve Bates,
to approve the request from James Smith to rezone property
on Morrison Road located in Esserville. The motion
was unanimously approved.

IN
RE: REZONING / SPECIAL USE PERMIT /BELDON FLEMING

A
public hearing was held on February 2 to receive citizens'
input regarding a request from Deborah & Beldon Fleming
to rezone property located at 6148 Guest River Road and
for a Special Use Permit for same property for the purpose
of expanding their mobile home park (Robinette Mobile Home
Park).

There
was no public opposition to the proposed rezoning or Special
Use Permit.

A
motion was made by Ronnie Shortt, seconded by Steve Bates,
to approve the request from Deborah & Beldon Fleming
to rezone property located at 6148 Guest River Road and
for a Special Use Permit for same property. The motion
was unanimously approved.

IN
RE: ORDINANCE - MANDATORY SEWER CONNECTION

A
public hearing was held on February 2 to receive citizens'
input regarding a proposed ordinance on Mandatory Sewer
Connections for Wise County. There was both support
and opposition regarding the proposed ordinance.

Chairman
Luntsford stated that due to the opposition to the terminology
regarding the "nonuser fee", the ordinance will be revisited
and the verbage will possibly be changed and sent to the
funding agency in Richmond to ascertain whether or not it
will meet the state's funding requirements without the clause
"nonuser fee". The proposed ordinance will then be
brought back to the Board for consideration.

IN
RE: COMMUNITY POLICY & MANAGEMENT BOARD

A
motion was made by Robby Robbins, seconded by Virginia Meador,
to approve the request from the Community Policy & Management
Board for a supplemental allocation of $11,020.00 for the
remainder of FY 2005-2006 for Comprehensive Services for
At-RiskYouth and Families. The motion was unanimously
approved.

IN
RE: APPOINTMENT -PLANNING DISTRICT ONE COMMUNITY SERVICES
BOARD

Ronnie
Shortt nominated Robby Robbins to the Planning District
One Community Services Board.

There
being no further nominations, Robby Robbins was appointed
by acclamation.

IN
RE: APPOINTMENT INDUSTRIAL DEVELOPMENT AUTHORITY

Leland
Branham made a motion to appoint Danny Buchanan to fill
the unexpired term of Monroe Robinette on the Industrial
Development Authority. Robby Robbins seconded the
motion. The motion was unanimously approved.

IN
RE: JAIL REUSE ANALYSIS

John
Peace made a motion to authorize the County Administrator
to start the PPEA process for the jail reuse analysis.
The motion was unanimously approved.

Chairman
Luntsford stated that under the PPEA the government can
request proposals for design and construction services from
partnerships that offer both services in a single package.
The idea is to simplify the process, save time and hopefully
money.

IN
RE: CLOSED SESSION

A
motion was made by John Peace, seconded by Ronnie Shortt,
to go into closed session regarding the investing of public
funds where competition or bargaining is involved as per
section 2.2-3711(A)(6) of the Code of Virginia and for consultation
with legal counsel regarding County property as per section
2.2-3711(A)(7) of the Code of Virginia. The motion
was unanimously approved.

After
a lengthy closed session, a motion was made by John Peace,
seconded by Ronnie Shortt, to reconvene the regular meeting.
The motion was unanimously approved.

IN
RE: RESOLUTION - CLOSED SESSION

Supervisor
Robbins read the certification for closed meeting.

A
motion was made by John Peace, seconded by Leland Branham,
to approve the resolution verifying matters discussed while
in closed session. The motion was unanimously approved
by roll call vote.

RESOLUTION
#
2006

(Said
resolution is on file in the County Administrator's Office)

IN
RE: HEALTH DEPARTMENT ADDITION

Supervisor
Peace stated that the Wise County Board of Supervisors,
after meeting with counsel and after review of circumstances
and time constraints surrounding the Health Department construction
project, determines that there is only one source practically
available for the services necessary within the binding
constraints and limitations incumbent upon the project for
constructing the EOC storage and classroom addition, and
further the Board of Supervisors has determined that in
affect an emergency does exists requiring that a contract
award be made without formal competitive sealed bids or
competitive negotiations.

John
Peace made a motion to authorize the County Administrator
to initiate and enter into the best available contract for
the above-mentioned work at the Health Department building
not to exceed the available funding. Ronnie Shortt
seconded the motion. The motion was unanimously approved.

IN
RE: SURPLUS PROPERTY DISPOSITION

John
Peace made a motion to authorize the County Administrator
to sell surplus property to Durham's' Chapel Church at an
agreed upon price. Virginia Meador seconded the motion.
The motion was unanimously approved.

IN
RE: VIRGINIA COMMISSION FOR THE ARTS FUNDING

Administrator
Skinner explained the formula that has been used to distribute
among several organizations the $5,000.00 grant funding
that is received from the Virginia Commission for the Arts
each year. The organizations are as follows:

Pro-Art
Association

Appalachia
Cultural Arts Council

Library
Art Gallery

Lonesome
Pine Arts & Crafts

Appalachian
Children's Theatre

Under
the Local Government Challenge Grant, the Virginia Commission
for the Arts will match the County's contribution up to
$5,000.00. The deadline to apply for this grant is
April 1. If the County has not formally approved its
budget by that date, the County may make a commitment and
confirm the funding by July 1.

There
was some discussion regarding the organizations that were
sharing in this grant.

After
further discussion, Leland Branham made a motion to commit
$5,000.00 from the FY 2006-07 budget that will be matched
by the Virginia Commission for the Arts to be distributed
among the five organizations as stated. John Peace
seconded the motion. The motion was unanimously approved.

IN
RE: ADMINISTRATOR'S REPORT

Administrator
Skinner stated that each member of the Board has received
a copy of the Wise County Capital Improvements Plan (CIP)
for FY 2007-2011. He suggested having a workshop meeting
to review and discuss the Plan.

A
motion was made by John Peace, seconded by Leland Branham,
to hold a workshop meeting on March 2, 2006 at 4:00 p.m.
to review the CIP.

After
discussion, Supervisor Peace withdrew his motion, and Supervisor
Branham withdrew his second.

After
further discussion, it was the consensus of the Board that
it would be best to continue this meeting to March 2 at
4:00 p.m. to review the proposed CIP.

Administrator
Skinner stated that Jane Bennett will be assisting the County
on a part-time basis as the Emergency Services Assistant
Coordinator. With Ms. Bennett's background in emergency
services, she will be an asset to the County in its emergency
operations and updating the backlog of work that has accumulated
over time.

Supervisor
Peace asked that Ms. Bennett provide a short summary on
the Big Stone Gap water shortage.

BOARD
COMMENTS

Comments
were received from Board members.

During
Board comments, the following requests were made:

(1) A
representative from the various boards, commissions, and
authorities make a semi-annual report at the Workshop meetings

(2) Status
report on the "WiFi"

(3) Status
report on the Economic Development Director position

(4) Consider
placing Board comments at the beginning of the meeting rather
than the end, which would allow more time for Board members
to speak.

(5) Change
the Workshop meeting place for April to the Slemp building
at UVA-Wise

IN
RE: CONTINUE MEETING

There
being no further business, a motion was made by John Peace,
seconded by Ronnie Shortt, to continue this meeting until
March 2, 2006 @ 4:00 p.m. The motion was unanimously
approved.